Charlotte County Airport Authority...2019/10/17 · CCAA Minutes of Regular Meeting 2 September 19,...

Charlotte County Airport Authority Punta Gorda Airport Pamella

Seay

James W.

Herston

Kathleen

Coppola

Robert D.

Hancik

Paul

Andrews

James W.

Parish

Darol

Carr

Chair Vice-Chair Secretary/

Treasurer

Asst.

Secretary/

Treasurer

Commissioner CEO Authority

Attorney

Thursday, October 17, 2019

9:00 A.M.

7375 Utilities Road, Building 313, Punta Gorda, FL

AGENDA

1. Call to Order: Reminder to turn off your cell phones

2. Invocation: For those who wish to join, please rise for the invocation.

3. Pledge of Allegiance

4. Roll Call

5. Citizen’s Input: Anyone wishing to address the Board during this portion should state their

name for the record. Each citizen is allowed up to two minutes to express their opinion.

6. Additions and/or Deletions to the Agenda

7. Employee Service Recognition Ms. Desguin

8. Consent Agenda: All matters listed under this item are considered routine and action will be

accomplished by one motion without separate discussion of each item. If discussion is desired

by a Commissioner, item(s) will be removed from the Consent Agenda and considered

separately.

Secretary/Treasurer

Minutes Regular Meeting – September 19, 2019

CEO

Enterprise Leasing Company of FL, LLC Lease – Enterprise Leasing Company

of FL, LLC would like to lease Building 313, unit A and B to utilize as a vehicle

maintenance center. (This lease will be signed by Lessee prior to meeting date or it

will be pulled from the Consent Agenda.)

Staff Recommended Action: Board approve lease with Enterprise Leasing

Company of FL, LLC.

Termination of Florida Southwestern State College Lease – The original lease for

Building 208 was set to terminate on March 31, 2020. The tenant has requested the

lease be terminated on November 01, 2019 in lieu of payment of $16,667 which will

allow other interested parties to lease the space. (This termination will be signed by

Lessee prior to meeting date.)

Staff Recommended Action: Board approve lease termination with Florida

Southwestern State College.

Aircraft Services of South Florida, LLC for Building 208 – Aircraft Services of

South Florida, LLC would like to lease Building 208 beginning on December 1st.

(This lease will be signed by Lessee prior to meeting date or it will be pulled from

the Consent Agenda.)

Staff Recommended Action: Board approve lease with Aircraft Services of South

Florida, LLC for Building 208.

9. Secretary/Treasurer’s Report

a. Accounts Receivables

b. Income Statement

c. Balance Sheet

Mrs. Coppola

Mr. Parish

Mr. Parish

Mr. Parish

10. Liaison Reports

a. Punta Gorda City Council

b. Board of County Commissioners

c. Metropolitan Planning Organization

d. Community

e. State Legislation

Mr. Hancik

Mr. Herston

Mr. Andrews

Mrs. Coppola

Chair Seay

11. Attorney’s Report Attorney Carr

12. CEO’s Report

a. Development Update

b. Marketing Update

c. Aviation Report

Mr. Parish

Mr. Ridenour

Mrs. Miller

Mr. Mallard

13. Old Business

a. Iowa International Property Acquisition for Runway 22 RPZ Mr. Parish

14. New Business

a. AJAX Contract for Runway 4-22 Emergency Repairs

b. Update to T-hangar Waitlist Form

c. Tony Jannus Distinguished Aviation Society Awards Banquet

Mr. Parish

Mr. Parish

Mr. Parish

15. Citizen’s Input: Anyone wishing to address the Board during this portion should state their

name for the record. Each citizen is allowed up to two minutes to express their opinion.

16. Commissioner’s Comments

17. Adjournment

Agenda items for October 17, 2019 Meeting

A copy of all the attachments are at www.flypgd.com/airport-authority/meeting-minutes-and-agendas/

13. Old Business

a. Iowa International Property Acquisition for Runway 22 RPZ – As reported in the

CEO’s Development Update report, the final due diligence items are being completed that

are associated with the acquisition of approximately 60 acres of real property located at the

north end of Runway 22 for protection of the Runway Protection Zone (RPZ). As a result,

the closing documents will be prepared in accordance with the agreement that was

approved by the Board on January 17, 2019. In order to not hold up the closing, staff is

requesting the Board allow the CEO to execute the closing documents.

Staff Recommended Action: Once received, with Attorney approval, Board allow CEO to

execute the closing documents.

14. New Business

a. AJAX Contract for Runway 4-22 Emergency Repairs – Following discussions at recent

Charlotte County Airport Authority (CCAA) Board meetings, Airport Staff has been

investigating options to eliminate/reduce the amount of ponding of water along each side of

the centerline of Runway 4-22. The ponding of water is caused by aircraft landing gear tires

creating wheel path rutting. We have been monitoring the dept of the rutting and it is now

to the point where we need to make some emergency repairs. The ruts depths range from ¾

-inch to 1 ½- inches.

EG Solutions, Inc. conducted a field evaluation and recommended a topographical survey

to determine the limits of the rutting. The survey indicated the limits of the rutting and

Airport staff conducted detailed straight boarding to confirm and check some areas in-

between the survey spot elevations. There is about 4,000 linear feet on each side of the

runway centerline that needs repaired.

EG Solutions, Inc. recommended that the depressions and ruts are likely to continue to

enlarge and deteriorate at an increasing rate and recommended to restore the pavement

smoothness with milling and patching or cutting grooves in the existing pavement to

channel the water out of the ruts. After review of the EG Solutions, Inc. recommendations,

we concluded that the mill and patch is the best solution.

We have contacted the contractor (Ajax Paving Industries of Florida, LLC) who was

awarded the bid for the Runway 15-33 project and requested a quote to mill out the ruts and

patch with asphalt. The quote has been reviewed and negotiated against the bid unit prices

for Runway 15-33. All unit prices match or are below the Runway 15-33, unit prices except

for grooving, which is higher. The reason is that most or all the grooving contractors are

booked solid preforming work up north before winter sets in. The ones that are not up

http://www.flypgd.com/airport-authority/meeting-minutes-and-agendas/

north are committed to other jobs. The one found for this work, will pull off other jobs to do

this, but it is at a premium cost.

Staff Recommended Action: Board approve the Ajaxing Paving Industries of Florida, Inc.

quote of $165,199.55.

b. Update to T-hangar Waitlist Form – With Attorney approval, Staff has updated the

Hangar Wait List form. The form is attached for review with additions highlighted in

yellow and deletions in red.

Staff Recommended Action: Board approve use of updated T-hangar Waitlist Form.

c. Tony Jannus Distinguished Aviation Society Awards Banquet – The 2019 Tony Jannus

Awards Banquet will be held on Friday, November 15th at the Opal Sands Resort in

Clearwater Beach. Mr. Parish has secured a table with eight (8) seats available. It is desired

to take a combination of Staff and Board Members.

Staff Recommended Action: Board discretion.

CHARLOTTE COUNTY AIRPORT AUTHORITY

MINUTES OF REGULAR MEETING – SEPTEMBER 19, 2019– 9:00 A.M.

5

1. Call to Order

2. Invocation

Commissioner Herston gave the invocation. 10

3. Pledge of Allegiance

4. Roll Call 15

Present: Chair Seay; Commissioners Andrews, Coppola, Hancik and Herston; CEO Parish;

Attorney Carr; Ms. Hendren; Mr. Ridenour; Mr. Mallard; Mrs. Cauley; Mr. Payne; Mrs.

Harper; Mrs. Delph; Ms. Desguin; Mr. Laroche; Mrs. Miller, and Ms. Pedigo. Others

present: Jim Kaletta; Mark Kistler; Councilwoman Carey; Gary Harrell; Commissioner

Deutsch; Stan Smith; Traci Jacobs; Richard Pitz; David Gammon; Deborah Ederer; Mike 20

Mapstone, others from the private sector and a member of the press.

5. Citizen’s Input

Jim Kaletta – Thanked staff for their assistance with finding an available hangar to store the 25

Civil Air Patrol (CAP) aircraft that needed to be moved out of the way of Hurricane Dorian.

He reported that CAP deployed to the Bahamas and Puerto Rico to assist in the relief effort,

CAP will be working Page Field’s Aviation Day, the Cadets and Seniors will be taking courses

to be certified in first aid, the Seniors are 75% IC certified, and that Harbor Patrol will begin

October 1st. 30

6. Additions and/or Deletions to the Agenda

Mr. Parish removed the Enterprise Leasing Company, LLC Lease from the Consent Agenda

to bring back at a future meeting. 35

7. Employee Service Recognition

Mr. Parish congratulated Ms. Desguin for being the President Elect of the Charlotte County

Society for Human Resource Management. 40

8. Consent Agenda

Commissioner Andrews motioned to approve the revised Consent Agenda.

Commissioner Hancik seconded. Motion passed unanimously. 45

9. Adopt Budget Resolution 2019-02

Commissioner Herston motioned to adopt Budget Resolution 2019-02 as presented.

Commissioner Andrews seconded. Motion passed unanimously. 50

CCAA Minutes of Regular Meeting 2 September 19, 2019

10. Adopt FY 2019-20 Final Budget

Commissioner Andrews motioned to adopt the fiscal year 2019-2020 final budget.

Commissioner Herston seconded. Motion passed unanimously. 5

11. Secretary/Treasurer’s Report

Mr. Parish reported that most accounts listed as behind on the accounts receivable sheet

are paid in full and the income statement shows that revenues and expenses are both above 10

estimated. He reported that the total operating gain is above estimated and that there will

be a decrease in parking revenue due to Allegiant pulling back flights. He opined that the

decrease is a result of a lack of aircraft and pilots, that Allegiant just hired 100 pilots with

aircraft deliveries on track, and that the Airport should be back to at least last year’s

passenger numbers by this coming summer. Commissioner Coppola inquired if the 15

decrease is due to expansion. Mr. Parish opined that it is a result of the retirement of the

MD-80 aircraft. Commissioner Herston inquired as to when day zero (0) is on the

account’s receivables sheet. Mr. Parish commented that the report is based on the first day

of the month.

20

12. Liaison Reports

a) Punta Gorda City Council – Commissioner Hancik had nothing to report.

b) Board of County Commissioners – Commissioner Herston reported that the Board of 25 County Commissioners held their second budget hearing and there was not a tax rate

increase. He reported that there’s flood insurance issues with FEMA that will affect the

whole county, as well as issues with water quality and housing supply.

c) Metropolitan Planning Organization – Commissioner Andrews had nothing to report. 30

d) Community – Commissioner Coppola reported she attended the REC meeting and thanked Mrs. Miller for the airport destination cards as they’ve been a benefit for her to

hand out to the public.

35

e) State Legislation – Chair Seay discussed the articles she’s handed out regarding Public Private Partnerships (P3’s) and asked the Board to consider the positive and negatives of

utilizing P3’s for future projects. She reported that an email was sent out by Charlotte

County Public Schools requesting support with their legislative agenda. She opined that

the Board should consider a request to the legislator for funding in the amount of $1.95 40

million to support the advancement of General Aviation on the north side of the Airport.

She commented that the legislators are currently in Committee Weeks, the Legislative

Delegation meeting is coming up soon and that she is working with Mr. Parish and Jerry

Paul on a one-page summary of how the requested funds will be used. Commissioner

Hancik inquired if the $1.95 million is specific to any portion of the project. Mr. Parish 45

commented that it has yet to be fully broken down but will most likely be dedicated to

taxiway access to the north side with PFC and other state funds going into the remainder

of the ramp area. Commissioner Hancik inquired as to what will happen with runway 9-

27. Mr. Parish commented that the Airport will most likely rehabilitate runway 9-27 itself

as it’s hard to receive state funds for a runway and that he’d like to finish the development 50


on the north side before runway 9-27 is completed. He reported that Mr. Ridenour has

detailed reports on cost estimates for projects and believes the requested funds will go

towards taxiway lighting, the taxiway extension and the two (2) access points.

Commissioner Coppola inquired if the legislators have approved something like this

before. Mr. Parish reported that they have as Sarasota Airport received $3 million last 5

year. He commented that it is important to consider where the $1.95 million comes from

as if it comes from FDOT, the amount will come out of the Airport’s dedicated funds,

resulting in other projects not being funded. Mr. Parish opined that he’d like the requested

amount to be in addition to the economic development funding. Commissioner Herston

motioned to authorize CEO Parish and Chair Seay to work with legislative liaison 10

Jerry Paul to draft a legislative request, to be presented at the upcoming Legislative

Delegation meeting requesting funding in the amount of $1.95 million for the

purposes of development on the north side of the Punta Gorda Airport in support of

the Master Plan goals relating to general aviation. Commissioner Coppola inquired as

to if the amount would need to be paid back. Mr. Parish commented that the request would 15

be for a grant. Commissioner Coppola seconded. Motion passed unanimously. Mr.

Parish reported that FAC is tracking the new CEI requirements which include the inability

to use the same engineer that designed the project to perform construction administration

and that it increases the cost of the project. He commented that Airports had an exemption

that was pulled due to last minute issues on the Senate side, that the Senate is putting it 20

back in and Representative Grant is assisting with finding a House sponsor. He reported

that he is tracking a bill that allows elected officials to have guns at meetings and opines

it violates other laws. He reported that FAC is going to begin weekly meetings and this

year’s priorities include aircraft sales tax exemption and sales tax rates.

25

13. Attorney’s Report

Attorney Carr inquired if the Board would like him to cover the lease discussions during his

report or wait until Old Business. Mr. Parish opined that since the leases will not be voted on,

he’d like Attorney Carr to cover them now. Attorney Carr reported that most of his time has 30

been devoted to the two (2) concurrent lease negotiates with AeroGuard and the School Board

of Charlotte County and that the leases are not completed. He reported that during the School

Board’s workshop, it was disclosed that the preliminary meeting with the FAA is not until

October and that they are progressing. He reported that the School Board was provided a draft

of the proposed lease and should have it back to him later today or tomorrow. He reported that 35

AeroGuard has concerns relative to quick termination and requested modifications. He opined

that he has a working resolution associated that does not impact the School Board. He

commented that the resolution involves allowing AeroGuard to terminate with a 180-day

notice of cancellation to their lease once the School Board submits their formal application to

the FAA. He reported that AeroGuard has also requested a shorter lease term and opines that 40

AeroGuard has extreme high hopes for the number of students they can obtain. He commented

that he will continue finalizing negotiations with AeroGuard and the School Board and that

all other matters are calm. Commissioner Hancik opines that he disagrees with paragraphs B

and C on page two (2) of the leases as he feels adjusting rents and space should be in the

purview of the Airport Authority, not the Executive Director. He opined that on page 12, under 45

Assignment and Subleasing, that there should be a very specific clause included that states

neither tenant is to sublease the space for aircraft storage. Mr. Parish commented that both are

master leases and that the change on page two (2) would require a change at a later Board

meeting for approval. Attorney Carr commented that if there is a concern with Mr. Parish’s

scope of authority associated with a lease, it should be part of the Board’s policy, not within 50


the lease document as the lease only sets the parameter between the Tenant and Landlord.

Commissioner Hancik opined that it is not in the policy and it needs to be reviewed. Mr. Parish

opined that the only modification that needs to be made to the lease is to include any changes

must be approved by the Board as he will still have to negotiate the change. Commissioner

Hancik opined that it should be brought to the Board as it’s an addendum to the lease. Attorney 5

Carr opined that the policy has previously been for Mr. Parish to negotiate the lease and then

bring them to the Board for final approval. He opined that if there is a major modification of

the lease, it would fall under the same process. Commissioner Hancik opined that he is okay

with that but would like to eventually delegate away from staff handling matters that the

Authority should be concerned with. He opined that on page 12, there should be a specific 10

clause that states the lessee should not engage in the storage of aircraft. Attorney Carr

commented the purpose associated with the operation of the premises is set forth in the early

phases of the lease. Commissioner Hancik commented that he did not see that anywhere in

the lease. Mr. Parish commented that any subleasing would have to be approved by the

Authority. Commissioner Hancik opined that the Authority may not always know about the 15

subleasing that is taking place. Mr. Parish commented that in that scenario, it would be a

breach of the lease, just as if you sublet your T-hangar for more than you’re paying.

Commissioner Coppola inquired if Mr. Parish is notified when a tenant subleases. Mr. Parish

commented that he is notified as the lease states that subleasing is subject to the Authority’s

written consent. He opined that he can only recall one previous time that a lease had to be 20

modified. Commissioner Herston opined that on page 11, section 7.1 under III, Commissioner

Hancik’s concern is addressed. Commissioner Hancik opined that if the Board is satisfied with

the language that he is okay with it, but he did want to draw attention to it as he has knowledge

of subleasing default previously occurring. Chair Seay inquired if Commissioner Hancik is

aware of a current default happening. Commissioner Hancik commented that he has 25

knowledge of it in his previous experiences and opined that staff would never know of the

default. Attorney Carr commented that he will add a subparagraph under section 1.1 titled

Scope of Use that limits the property to the purpose of which it’s intended. Commissioner

Herston inquired as to why the School Board lease discusses years one (1) through five (5)

and six (6) through ten (10) but under AeroGuard’s lease, years one (1) through four (4) and 30

five (5) through ten (10) are discussed. Attorney Carr commented that the years were

completed off of their RFP responses. Commissioner Herston opined that the two (2) leases

should be cleaned up regarding the sales tax as AeroGuard’s lease list a sales tax of 7% and

the School Board’s lease only list that sales tax is included. Mr. Parish opined that it should

be changed to say sales tax if applicable as the School Board does not pay sales tax, but it 35

needs to be included in case a State law changes that allows it in the future. Chair Seay

inquired if the organizations sign the leases within the next week if an emergency meeting

will need to be held for approval. Attorney Carr commented that he anticipates changes and

opines that it will not be ready within the next week. He opined that the commencement date

can be prior to the approval date. Chair Seay inquired how that affects AeroGuard as they are 40

looking at an October 1st start date. Attorney Carr commented that the signing and completion

of each lease is separate and distinct, even though there is concurrent use of the property. He

commented that Mr. Parish can grant AeroGuard access to the premises prior to the lease

being signed and opines that an emergency meeting cannot be set today as he does not know

when the lease will be signed and returned. Commissioner Hancik inquired if the Authority 45

can allow AeroGuard to operate in advance of the lease and opined that he would only be

concerned about their insurance. Attorney Carr commented that AeroGuard would like an

address to recruit students as soon as possible and opined that they need access to the premises

immediately for those means. Commissioner Hancik inquired if they can have access to the

space without operating. Attorney Carr commented that the Authority can grant them access 50


for the purposes of set up or letting a student tour. Mr. Parish commented that the Authority

has an indemnification form that is utilized to allow access to property. Commissioner

Andrews opined that he does not see an issue with granting access for set up. Chair Seay

inquired as to how that will affect AeroGuard’s employees. Attorney Carr commented that he

can work out an interim process to allow employees to set up the space through a Letter of 5

Intent (LOI) and the Authority listed as an additional insured on AeroGuard’s insurance

policy. Commissioner Herston inquired if AeroGuard has a business license in place. Mr.

Parish commented that they did not at the last check and that they still have to go through the

process of getting the training facility through FAA at this location, which is a multi-month

process. Attorney Carr commented that based upon his understanding from his conversation 10

with AeroGuard, there will not be a student training under a part 141 approval for a minimum

of two (2) months. Chair Seay inquired if the Board can approve the lease today if AeroGuard

were to agree with the lease currently presented. Attorney Carr confirmed that it could be done

but he has knowledge that AeroGuard will not be agreeing to the current proposed lease terms.

He commented that if a final lease is negotiated and signed prior to October’s regular meeting, 15

an emergency meeting can be scheduled for the purpose of approving the lease. Mr. Parish

commented that he and Attorney Carr will keep the Board updated moving forward.

14. CEO’s Report 20

a) Development Update – Mr. Parish reported that the runway 15-33 project is moving forward. Chair Seay commented that she noticed the Airport was late on the SIS funding

deadline. Mr. Parish commented that the application was submitted based upon FDOT

requirements and that he was not informed there was a cycle deadline until after

submission. He commented that this is only the second year the Airport has submitted for 25

SIS funding. He commented that SIS is faster funding however, the funding request often

exceeds the funding availability and if you request funds through SIS, if denied, you

cannot put in the same request through JCIP. He reported that he is requesting funding for

a quick fix project for a right turn lane from Piper Road to the main entrance road. He

commented that the project was not far enough along prior to the deadline to be submitted. 30

Commissioner Hancik inquired if there is going to be consideration during the relocation

of Building 106 to build all or partial hangars for cabin class aircraft. Mr. Parish

commented that there is not adequate taxiway access in that location for larger aircraft.

Commissioner Hancik opined that access can be built and that there is no way currently

for the Airport to accommodate the larger aircraft. Mr. Parish commented that the first 50 35

people on the hangar waitlist do not have cabin class aircraft, that there are ten (10) cabin

class hangars being built in the first phase of the General Aviation expansion and opines

that building larger hangars in an area designed for smaller aircraft would complicate

development.

40

b) Marketing Update – Mrs. Miller reported on the Airport’s story within the Business View Magazine, spoke about the upcoming EDP rounds, and her marketing report. Chair Seay

commented that Charlotte County Tourism and the City of Punta Gorda do not advertise

in the Business View Magazine and encouraged them to do so.

45

c) Aviation Report – Mr. Mallard reported on passenger counts, fuel sales and gallons pumped, aircraft ops, and hangar vacancies. Mr. Parish reported that he and Attorney Carr

agreed to modify the waitlist so that if you do not take the hangar when it is your turn, you

have to reapply as opposed to being dropped to the bottom of the list. Commissioner


Andrews inquired as to approximately how many vacancies the Airport experiences in a

month. Mr. Parish commented that there’s approximately two (2) vacancies per month.

d) Leasing Update – Mr. Parish reported that he is negotiating a lease with Megal Corporation as they have an issue with the revisionary clause and that he doesn’t think 5

there’s anything that can be done aside from explaining to them why it exists.

15. Old Business

a) AeroGuard Flight Training Center Lease – Discussed during agenda item 13. 10 Attorney’s Report.

b) School Board of Charlotte County Lease – Discussed during agenda item 13. Attorney’s Report.

15

16. New Business

a) Move October 2019 Regular Meeting – Mr. Parish commented that he would like to attend FAC’s State Legislative Fly-In on October 16th and 17th, that pushing the Board

meeting a week would conflict with Attorney Carr’s schedule, and that he and Mr. Mallard 20

will be unavailable for meeting preparations due to their attendance at the Allegiant

Conference if it is brought to the week prior. Chair Seay inquired if the meeting can be

moved to October 15th or 18th. Mr. Parish commented that due to travel, the only option

would be to hold the meeting on the morning of the 15th and that he’d have to leave by

10:30 am. Attorney Carr commented that it could be set on the 15th with only the 25

AeroGuard and School Board leases being listed on the Agenda. Commissioner Hancik

opined that the meeting can be run without Mr. Parish if staff is available for any potential

questions. Mr. Parish agreed that Mr. Mallard can fill in for him on the 17th if the Board

desires. The Board agreed to leave the meeting as set with Mr. Mallard filling in.

30

b) Commissioner Hancik Travel Reimbursement Request – Commissioner Hancik commented that his trip to AAAE in Boston was approved to exceed his travel budget and

that as his budget was depleted, he paid to attend the FAC conference on his own. He

inquired as to if the registration fee is still accounted for within travel expenses or charged

to the education and training account. Mr. Parish commented that the registration fee is 35

charged to a separate account but is still counted towards travel expenses. Commissioner

Hancik opined that registration was not previously taken from the travel budget. Mr.

Parish commented that it was previously against the total travel cost, but it was taken from

the training budget, as opposed to the travel budget that’s utilized for airplane tickets and

things of that nature. Commissioner Hancik commented that he has requested 40

reimbursement from FAC as he feels it’s an investment in his continuing education. He

opined that there shouldn’t be a heavy focus on FAC by the Commissioner’s and that they

should look at exploring alternative conferences. Chair Seay commented that there are

aviation law conferences that she would prefer attending instead of FAC. Commissioner

Hancik motioned to approve his reimbursement in the amount of $1,291.13 for 45

attending the FAC Conference in Fort Lauderdale, FL. Commissioner Herston

seconded. Chair Seay opined that approving the motion would set a bad precedent and

commented that she will be voting against it. She reviewed the Board’s steps to approving

the Travel Policy, including the agreed upon individual travel budget of $2,500 that was

suggested by Attorney Carr after he researched what the County and other airports do for 50


their travel. She opined that each Commissioner needs to be personally fiscally responsible

and that it would not be appropriate to authorize the reimbursement. She acknowledged

that it is a benefit for Commissioner Hancik to sit on the Board, but she cannot approve

the motion. Commissioner Hancik commented that he was unable to bring the matter to

the Board prior to the Conference as there was not a July meeting and that he would have 5

gone regardless. Chair Seay commented that she agreed and that she would have had the

same argument in July. Commissioner Hancik opined that the Board should not arbitrarily

limit Commissioner travel to an amount. Commissioner Herston commented that he

registered for FAC but was unable to attend and that he is now being asked by the

accounting department to reimburse the Authority for the $591 that was paid towards the 10

conference he did not attend. He opined that he would like his $2,500 travel budget to

cover his $591 in expenses as well as Commissioner Hancik’s reimbursement of

$1,291.13. Chair Seay confirmed with Mrs. Cauley that Commissioner Herston can

transfer his funds. Mr. Parish commented that no additional motion is needed if the Board

has decided the travel budget is interchangeable. Attorney Carr agreed. Motion passed 3-15

2 with Chair Seay and Commissioner Andrews voting no.

c) Runway 33 RPZ Developers Agreement – Mr. Parish reported that the presented Agreement is labeled draft as it is not signed but all parties are in agreement. He reported

that the Agreement allows the Authority to relocate Woodlawn Drive, acquire the property 20

necessary for the RPZ to extend runway 15-33, and that there is no money involved within

the Developers Agreement aside from survey work. Commissioner Hancik opined that the

parties responsible for negotiating and assembling the agreement did an excellent job.

Attorney Carr reported that Attorney Hackett, a skilled real estate Attorney, worked with

numerous individuals to assemble the agreement. Mr. Parish commented that there was a 25

Developer’s Agreement completed when Woodlawn Drive was developed and that this

Agreement is much stronger than the previous one. Commissioner Herston commented

that he believes where the stormwater pond will be built is within an area that prohibits

excavations. Chair Seay inquired how that would affect the Agreement. Mr. Parish

commented that it is part of a stormwater treatment system that will be a benefit. 30

Commissioner Herston opined that he doesn’t know how the County will handle the

situation and inquired why parcel A1 is depicted larger than the required RPZ. Mr. Parish

commented that the Agreement includes a small triangle of land that is not within the RPZ

to allow the Airport to control and own the entire parcel fee simple. Commissioner Herston

inquired if Woodlawn Drive and its existing location will be vacated. Mr. Parish 35

commented that the right-of-way will be vacated, and some existing utility easements will

remain. Commissioner Herston inquired as to who will pay for that. Mr. Parish commented

that it is all part of the runway extension project. Commissioner Herston inquired if the

new alignment will require a right-of-way plat map. Mr. Parish commented that it will

either be a plat map or construction and maintenance easement. Mr. Parish discussed how 40

drainage will reach the stormwater management pond through the easement and that the

current SFWMD plan does not show development in that area. Commissioner Herston

inquired as to how Woodlawn Drive will be handled as the relocation is planned through

a wetland. Mr. Parish commented that the rehabilitation will be included within the

runway 15-33 project and that the funding is accounted for. Commissioner Hancik 45

confirmed with Mr. Parish that the old Woodlawn Drive pavement will be removed.

Commissioner Herston inquired if as to the size of the stormwater management pond. Mr.

Ridenour commented that the size is not currently known as he’s still awaiting the survey.

Commissioner Herston inquired as to how deep the excavations will be. Mr. Parish

commented that it has yet to be determined. Mr. Ridenour commented that the developer 50


is required to submit a design to the Airport for approval before beginning excavation.

Commissioner Herston opined that there should be a royalty for each cubic yard

excavated. Commissioner Herston motioned to approve the CEO to execute the

Developers Agreement upon final receipt of final survey data for the legal

descriptions and Attorney approval. Commissioner Hancik seconded. Motion passed 5

unanimously.

d) Administration Building Build Out – Mr. Parish commented that the bids received were much higher than he’d like to pay and opined that the Board should reject all bids, allowing

the Authority to negotiate directly with specific contractors to eliminate time constraints 10

and reduce the cost. Chair Seay agreed with Mr. Parish’s suggestion. Mr. Parish

commented that he spoke to some contractors that were expected to bid lower that stated

they cannot do the work within the time constraints, so they did not bid. Commissioner

Hancik opined that his concern is that it’s a sizable project that would not be placed back

out for bid. He inquired if there’s an urgency to complete the project. Mr. Parish 15

commented that there is no urgency but a strong desire as the administration office is out

of space. Commissioner Herston commented that the lowest bid is $72.55 per square foot.

Mr. Parish opined that he’d like it around $50 per square foot and that the problem is that

most contractors will not hard bid the project again as they’re too busy. Commissioner

Coppola inquired as to the availability of the contractors Mr. Parish spoke to that were 20

unable to bid due to time constraints. Mr. Parish commented that their availability is six

(6) months to one (1) year out. Commissioner Herston opined that it would be a good idea

to change the time constraints to one (1) year to save money by allowing contractors to

use the project as fill in work. Commissioner Herston motioned to reject all bids and

review alternative delivery methods at a later date. Mr. Parish opined that he is hearing 25

the Board would like to put the project out to bid again but Commissioner Herston’s

motion does not reflect that. Commissioner Herston amended his motion to reject all

bids and rebid the project at a later date under different time constraints.

Commissioner Andrews seconded. Motion passed unanimously.

30

e) Proposed 2020 Meeting Schedule – Chair Seay opined that the only deviation from the normal schedule is no meeting in March or July of 2020 and a Budget Workshop in early

August 2020. Commissioner Hancik inquired as to why there will be no meetings in March

or July. Mr. Parish commented that the City Council and County Commission take July

off and that March is the busiest month of the year for staff. He commented that an 35

emergency meeting can be held during those months if needed and that there has not been

a March or July meeting in almost four (4) years. Commissioner Herston motioned to

approve the suggested 2020 calendar as presented. Commissioner Coppola seconded.

Motion passed unanimously.

40

17. Citizen’s Input

Commissioner Deutsch – Board of County Commissioners liaison, reported the final

County budget hearing will be on Monday at 5:01 PM. He discussed the many groups

willing to assist the Airport and that Emily Lewis of the MPO has accepted a new position. 45

Attorney Carr notified the public that there is a litigation matter that is before the Board and under

Florida Statute 286.011, an Executive Session needs to be called to discuss settlement negotiations

and strategy. He commented that the public must leave the room for the session and may return


after. Chair Seay commented that there will be meeting minutes kept that will be available at a

future date.

Attorney Carr called for Executive Session at 10:52 a.m.

5

Regular Meeting reconvened at 11:30 a.m.

Attorney Carr reported that the Executive Session has concluded, a Court Reporter was present, and

a transcript will be available once the litigation settles or is resolved.

10

18. Commissioner’s Comments

The Board thanked everyone for attending. Mr. Parish commented that the process has

changed for this year’s Air Show ticket request and that he needs a list of how many tickets

are requested and who the tickets are for to ensure the list does not have duplicates. He 15

commented that the Air Show paid for a lot of food last year that was wasted. Mrs. Miller

requested that any Commissioner interested in doing the opening ceremony at the Air Show

contact her. Chair Seay complimented the new FlyPGD lapel pins.

19. Adjournment 20

Meeting adjourned at 11:33 a.m.

25

____________________________________

Pamella A. Seay, Chair

30

___________________________________

Kathleen Coppola, Secretary/Treasurer

-1-

LEASE CANCELLATION AND TERMINATION AGREEMENT This LEASE CANCELLATION AND TERMINATION AGREEMENT (this “Agreement”) is made by and among the Charlotte County Airport Authority, whose address is 28000 A-1 Airport Road, Punta Gorda, Florida 33982 (the “Landlord”), on their own behalf and on behalf of all other persons or entities having an interest as landlord under that certain Lease dated April 1, 2017 (the “Lease”) demising certain leased premises described therein, and by The District Board of Trustees of Florida Southwestern State College, Florida, a political subdivision of the State of Florida (the “Tenant”). A. Landlord is the Assignee of a certain the Lease dated April 1, 2017, between Targa Inc., a Wisconsin Corporation, as lessor, and Assignor of that certain the Lease of Building 208 attached hereto as Exhibit A (the “Lease”); B. On December 30, 2018, Targa Inc. assigned to Landlord all of its right, title and interest under the Lease to Landlord as evidenced by the executed Assignment of Lease and Acceptance of Lease and Bill of Sale which are attached hereto as composite Exhibit B. C. Landlord and Tenant have agreed that the Lease shall be cancelled and terminated in consideration of the mutual covenants set forth below and in accordance with the terms and conditions set forth herein. 1. Recitals Incorporated. The foregoing recitals are true and correct and incorporated herein by reference into this Agreement as though set forth at length. 2. Security Deposit. The parties acknowledge that the Lease waived the requirement for a security deposit. 3. Lease Modification. The term of the Lease shall expire and shall be deemed terminated and cancelled effective on November 1, 2019 (the “Expiration Date”). Except as modified herein, the Lease is unmodified and in full force and effect. The Tenant shall surrender unto Landlord all control and occupancy of the leased structure and premises as of November 1, 2019. 4. Final Lease Payment. That Tenant shall make a final lease payment to Landlord of $16,667.00, which payment is delivered with the signed copy of this Agreement. 5. Compliance with Obligations. Tenant shall be responsible for all obligations of Tenant under the Lease through and including the Expiration Date, including, without limitation, Tenant’s obligation to pay, utility charges and all other amounts and charges owing under the Lease. 6. Condition of Premises. Except as provided in Paragraph 6 below, on or before the Expiration Date, Tenant shall remove all of its trade fixtures and personal property; repair all damage to the Premises caused by such removal; vacate the Premises and leave such Premises in reasonably good, broom swept clean condition and repair and otherwise in such condition as is required under the Lease with respect to surrender of the Premises at the end of the term of such Lease; and deliver the keys to the Premises to Landlord.

-2-

7. Aircraft. The parties acknowledge that there are currently two aircraft in the Hanger that shall remain at the termination of the LEASE. To wit: (1) a 1947 North American Navion C/N NAV-4-7 (Registration Number N8776H); and, a 1972 Bellanca 17-31A Super Viking C/N 32-78 (Registration Number N8280R). The College will continue to endeavor to locate parties interested in the aircraft. However if the aircraft remain in the hanger on and after the Expiration Date then, in that event, Landlord accepts all liability and responsibility to remove the subject aircraft from the Leased premises. 8. Final and Complete Expression. This Agreement is the final and complete expression of the parties. This Agreement may not be modified, interpreted, amended, waived or revoked orally, but only by a writing signed by all of the parties hereto. 9. Severability. If any provision in this Agreement is deemed invalid, then the remaining provisions thereof will continue in full force and effect and will be construed as if the invalid provision had not been a part of this Agreement. 10. Counterparts. This Agreement may be executed in counterparts, each of which shall constitute an original and all of which together shall constitute one and the same document. 11. Effective Date: This agreement shall become effective as of the last day signed by the below parties.

IN WITNESS WHEREOF, the parties have executed this Agreement the day and year first above written.

Lessor: The Charlotte County Airport Authority

___________________________________ By: Pamella A. Seay

Chair, Board of Commissioners

Dated: _____________________________ Witnesses: (1) Sign: ____________________________ Print Name: _________________________ (2) Sign: ____________________________ Print Name: _________________________

-3-

Leasee: The District Board of Trustees of Florida Southwestern State College, Florida

___________________________________ By: Gina B. Doeble, CPA, EdD

Vice President, Administrative Services

Dated: _____________________________ Witnesses: (1) Sign: ____________________________ Print Name: _________________________ (2) Sign: ____________________________ Print Name: _________________________

Form of Non-Capital / Aeronautical Lease

on non-aeronautical land

COMMERCIAL BUILDING LEASE AGREEMENT

between

CHARLOTTE COUNTY AIRPORT AUTHORITY

and

Aircraft Services of South Florida, LLC

dated as of

December 01, 2019

i

TABLE OF CONTENTS

Page No.

ARTICLE I LEASE OF LEASED PREMISES; TERM ...........................................................1

Section 1.1 Lease of Leased Premises ..................................................................................1 Section 1.2 Lease Term.........................................................................................................2 Section 1.3 Holding Over; Rights at Expiration ...................................................................2 Section 1.4 Inspection of Leased Premises; Access to Books and Records .........................2

Section 1.5 Ownership of Leased Premises ..........................................................................3 Section 1.6 Vacation of Leased Premises .............................................................................3

ARTICLE II RENTAL; SECURITY DEPOSIT ........................................................................3

Section 2.1 Rent ....................................................................................................................3 Section 2.2 Late Charge ........................................................................................................3 Section 2.3 Time and Place of Payments ..............................................................................4 Section 2.4 Delinquent Rent .................................................................................................4

Section 2.5 Security Deposit .................................................................................................4

ARTICLE III OCCUPANCY, USE AND CONDITIONS OF LEASED PREMISES ............4

Section 3.1 Condition of Leased Premises ...........................................................................4 Section 3.2 Construction of Improvements ..........................................................................4 Section 3.3 Access ................................................................................................................5

Section 3.4 Use of Leased Premises and Compliance with all Laws and Regulations ........5 Section 3.5 No Unauthorized Use .........................................................................................6

Section 3.6 Permits and Licenses..........................................................................................6 Section 3.7 Payment of Taxes ...............................................................................................6

Section 3.8 No Liens .............................................................................................................6

ARTICLE IV REPRESENTATIONS AND WARRANTIES ..... Error! Bookmark not defined.

Section 4.1 Representations by Authority .......................... Error! Bookmark not defined.

Section 4.2 Representations by the Lessee ......................... Error! Bookmark not defined.

ARTICLE V OBLIGATIONS OF LESSEE .............................................................................10

Section 5.1 Operations and Maintenance............................................................................10 Section 5.2 Additions and Alterations ................................................................................10

Section 5.3 Utilities .............................................................................................................11 Section 5.4 Operation of Business by Lessee .....................................................................11 Section 5.5 Signs .................................................................................................................11

Section 5.6 Security ............................................................................................................11 Section 5.7 Obstruction Lights ...........................................................................................11 Section 5.8 Hazardous Materials. .......................................................................................12 Section 5.9 Trash, Garbage and Other Refuse ....................................................................12

ii

ARTICLE VI INDEMNIFICATION AND INSURANCE ......................................................13

Section 6.1 Insurance ..........................................................................................................13

Section 6.2 Lessee’s Indemnification and Duty to Pay Damages. .....................................13

ARTICLE VII DEFAULT AND REMEDIES ..........................................................................13

Section 7.1 Lessee’s Default ...............................................................................................13 Section 7.2 Default by Authority ........................................................................................14 Section 7.3 Remedies for Failure to Pay Rent ....................................................................14

Section 7.4 Remedies for Breach of Agreement .................................................................14 Section 7.5 Survival ............................................................................................................14

ARTICLE VIII ASSIGNMENT AND SUBLEASING ............................................................14

Section 8.1 Assignment by Lessee......................................................................................14

Section 8.2 Assignment by Authority .................................................................................15 Section 8.3 Encumbrances ..................................................................................................15 Section 8.4 Subleasing ........................................................................................................16

ARTICLE IX MISCELLANEOUS PROVISIONS ..................................................................16

Section 9.1 Damage by Fire or Other Casualty ..................................................................16

Section 9.2 Waiver of Exemption .......................................................................................16 Section 9.3 Addresses .........................................................................................................16 Section 9.4 No Waiver ........................................................................................................17

Section 9.5 Lessee’s Subordination ....................................................................................17

Section 9.6 Additional Charges as Rent .............................................................................17 Section 9.7 Subordination to Grant Assurances .................................................................17 Section 9.8 Non-Interference With Operation of the Airport .............................................17

Section 9.9 Emergency Closures ........................................................................................18 Section 9.10 Interpretation ....................................................................................................18 Section 9.11 Force Majeure ..................................................................................................18

Section 9.12 Governing Law and Venue ..............................................................................18 Section 9.13 Amendments and Waivers ...............................................................................19 Section 9.14 Severability ......................................................................................................19 Section 9.15 Merger ..............................................................................................................19 Section 9.16 Relationship of Parties .....................................................................................19

Section 9.17 Further Assurances...........................................................................................19

Section 9.18 Required Federal Clauses ................................................................................19

1 _____________AUTHORITY ____________LESSEE

COMMERCIAL BUILDING LEASE AGREEMENT

(Aeronautical)

THIS COMMERCIAL BUILDING LEASE AGREEMENT (this “Agreement”) effective

as of this 1st day of December 1, 2019, by and between the CHARLOTTE COUNTY

AIRPORT AUTHORITY, a public body corporate under the laws of Florida (the “Authority”),

and Aircraft Services of South Florida, LLC (the “Lessee” and, together with Authority, the

“Parties” and each a “Party”)).

RECITALS

WHEREAS, Authority is the owner and operator of the Punta Gorda Airport in the City

of Punta Gorda, Charlotte County, Florida (the “Airport”);

WHEREAS, Authority has the right, title and interest in and to the real property on the

Airport, together with the facilities, easements, rights, licenses, and privileges hereinafter

granted, and has full power and authority to enter into this Agreement in respect thereof;

WHEREAS, Authority owns that certain real property located within the Airport legally

described on Exhibit A attached hereto and made part hereof which consists of 10,000 square

feet of building area [and the exclusive use of Building #208 (such real property, together with

all rights, privileges, easements and appurtenances benefiting such real property, are collectively

referred to herein as the “Leased Premises”);

WHEREAS, Authority desires to develop the Leased Premises for exclusively

aeronautical purposes beneficial to the Charlotte County Airport Authority and the general

public;

WHEREAS, Lessee is qualified, ready, willing and able to undertake such commercial

development and/or use; and

WHEREAS, the Parties hereto wish to memorialize their agreement herein and they

agree as follows:

AGREEMENT

NOW, THEREFORE, in consideration of the foregoing Recitals, which by this reference

are hereby incorporated into this Agreement, and the mutual covenants contained in this

Agreement, the Parties hereto hereby agree as follows:

ARTICLE I

LEASE OF LEASED PREMISES; TERM

Section 1.1 Lease of Leased Premises.

A. Authority hereby leases to Lessee, and Lessee hereby rents from Authority for its exclusive use the Leased Premises, all herein described rights incident thereto, for and during the

Lease Term and upon and subject to the terms, provisions and conditions herein set forth.


B. The Executive Director of Authority, or any successor or successors to the duties of such official Executive Director (the “Executive Director”) and Lessee may, from time to

time, by mutual agreement, add additional space or spaces to or delete space or spaces from the

Leased Premises, in the following manner. Lessee shall submit to the Executive Director a

written request for the addition or deletion of space, which shall describe with particularity the

space which Lessee wishes to add or delete and shall state the date on which Lessee wishes such

addition or deletion to be effective.

C. If the Executive Director approves such addition or deletion, Lessee shall be notified in writing, and the addition or deletion shall be effective as of the date of occupancy or

vacation or upon any date the Executive Director may so designate, and Exhibit A to this

Agreement shall be revised accordingly to reflect such addition or deletion. The Executive

Director shall also indicate the new rent to be paid. All space added to the Leased Premises

pursuant to this section shall be subject to all the terms, conditions, and other provisions of this

Agreement and Lessee shall pay to Authority all sums, fees, and charges applicable to such

additional space, in accordance with the provisions of this Agreement.

Section 1.2 Lease Term. The term of this Agreement (the “Lease Term”) shall be for a period of three (3) years commencing on November 1, 2019 (the “Commencement Date”), and

unless sooner terminated pursuant to the provisions of this Agreement, shall terminate on

October 31, 2022. The Lease Term has two (2) one-year options to extend with CPI-U increase.

The granting of such extension shall be in the sole discretion of Authority upon a written request

by Lessee to be provided to Authority not less than ninety (90) days prior to the termination. No

further extensions shall be granted by Authority. However, the foregoing shall not preclude the

Parties from entering into a new lease to be effective after the expiration of Lease Term.

Section 1.3 Holding Over; Rights at Expiration.

A. If Lessee retains all or any portion of the Leased Premises after the termination of the Lease Term by lapse of time or otherwise, such holding over shall constitute the creation of a

tenancy at will with respect to such retained portion, terminable by Authority at any time upon

thirty (30) days prior written notice to Lessee at a rental rate of one and one-half (1.5) times price

per square foot paid under this Agreement. All provisions of this Agreement shall remain in full

force and effect during such holdover period.

B. Lessee further agrees that upon the expiration of the Lease Term, the Leased Premises will be delivered to Authority in as good as condition as when this Agreement began,

reasonable wear and tear and matters covered by insurance excepted.

C. As set forth elsewhere herein, Lessee shall have no rights with respect to any improvements made to the Leased Premises during the Lease Term that are not otherwise

required to be removed by Authority.

Section 1.4 Inspection of Leased Premises; Access to Books and Records. Authority, through its duly authorized agents, shall have at any reasonable time the full and unrestricted

right to enter the Leased Premises for the purpose of periodic inspection for fire protection,

maintenance and to investigate compliance with the terms of this Agreement; provided, however,


that except in the case of emergency, such right shall be exercised upon reasonable prior notice

to Lessee and with an opportunity for Lessee to have an employee or agent present, and will not

interfere with Lessee’s construction and operations. Lessee agrees to provide any documents

that may be requested by Authority to determine compliance with this Agreement within thirty

(30) days of such request.

Section 1.5 Ownership of Leased Premises. Authority and Lessee intend and hereby agree that the Leased Premises shall be and remain the property of Authority during the entire

term of this Agreement and thereafter.

Section 1.6 Vacation of Leased Premises. Sixty (60) days prior to the cessation of this Agreement, Lessee is required to contact Authority to arrange for an inspection of the Leased

Premises. The inspection will be used to determine Lessee responsibility for repairs or

maintenance work required, if any, prior to vacating the Leased Premises.

ARTICLE II

RENTAL; SECURITY DEPOSIT

Section 2.1 Rent. In consideration for the use of the Leased Premises herein granted, Lessee shall pay to Authority the following rental amounts (the “Rent”). The monthly rent shall

be FOUR THOUSAND ONE HUNDRED SIXTY-SIX DOLLARS AND 66/100 ($4,166.66)

(plus applicable sales tax). Prior to the Commencement Date, Lessee shall deposit with

Authority, a sum equal to the first and last months’ Rent of EIGHT THOUSAND THREE

HUNDRED THIRTY-THREE DOLLARS AND 33/100 ($8333.33). All subsequent rental

payment will be due in advance on the first of each calendar month thereafter. Authority will

mail a courtesy statement on or about the first of each month. Failure to receive the statement in

a timely manner does not absolve Lessee from making rental payment on the first of each month.

Thereafter, the Rent shall be adjusted based upon increases in the Consumer Price Index

for the Urban Area, as established by the United States Bureau of Labor Statistics (“CPI-U”) as

outlined below.

It is agreed by the Parties that the annual rent shall be adjusted initially after the first

twelve (36) months following the Commencement Date, each following year, on the basis of

increases in the CPI-U.

If the corresponding CPI-U figure on the first Rent Adjustment Date exceeds the CPI

figure on the Commencement Date, then the annual current rent shall be increased by an amount

equal to the percentage of increase in the CPI-U. Similar adjustments shall be made on each

succeeding Rent Adjustment Date based on the percentage increase, if any, in the CPI-U from

the prior Rent Adjustment Date. All adjustments shall be effective on the applicable Rent

Adjustment Date. All adjustments shall be rounded to nearest 1/10th percent. No increase for

any period shall exceed five percent (3%). Notwithstanding any provisions to the contrary

contained in this Agreement, it is agreed by the Parties that the Rent shall never be less than the

Rent paid prior to each succeeding Rent Adjustment Date.


Late Charge. There shall be an extra charge of THIRTY DOLLARS ($30.00) on any

check returned by the bank for insufficient funds or account not existing. Any rental payment

not received within ten (10) days of its due date shall carry an additional charge of one and one-

half percent (1.5%) as a late penalty fee.

Section 2.2 Time and Place of Payments. The Rent, as well as all other charges hereunder, shall be payable in equal monthly installments in advance on or before the first

business day of each calendar month of the Lease Term at Authority’s principal place of business

at the address set forth in Section 9.3.

Section 2.3 Delinquent Rent. In the event Rent due pursuant to Section 2.1 or any other amounts payable by Lessee hereunder shall not be paid by Lessee on the due date thereof,

Lessee shall pay to Authority as additional Rent, an interest charge of [two percent (2%)] of the

amount due for each full calendar month of delinquency, computed as simple interest. No

interest shall be charged until payment is [thirty (30)] days overdue, but any such interest

assessed thereafter shall be computed from the due date.

Section 2.4 Security Deposit. Lessee shall deposit with Authority upon the execution of this Agreement a sum [equal to the first and last month’s rent as a security deposit sum of

EIGHT THOUSAND THREE HUNDRED THIRTY THREE DOLLARS AND 33/100

($8,333.33).

OCCUPANCY, USE AND CONDITIONS OF LEASED PREMISES

Section 2.5 Condition of Leased Premises. Lessee accepts the Leased Premises in their present “as is” condition. Lessee acknowledges and agrees that Authority makes no

representation or warranty as to the condition of the Leased Premises, whether as to patent, latent

or other defects and general condition. Authority has no obligation to repair or replace the

Leased Premises or any component or part thereof, whether or not affixed to the building.

Lessee releases Authority and holds it and its officers, directors, employees and agents harmless

for any claims arising out of any condition of the Leased Premises. Lessee agrees that the

Leased Premises are now in a tenantable and good condition. Lessee shall take good care of the

Leased Premises and they shall not be altered, repaired or changed without the written consent of

Authority. Lessee shall, at its expense, when surrendering said Leased Premises, remove from

said Leased Premises and said building, all partitions, counters, railing, etc., installed in Leased

Premises by said Lessee. All damage or injury done to the Leased Premises by Lessee, shall be

paid for by Lessee. Lessee shall, at the termination of this Agreement, surrender the Leased

Premises to Authority in tenantable and good condition.

Section 2.6 Construction of Improvements.

A. Improvements to Existing Buildings and] New Improvements. [Lessee shall not make any structural, electrical, or other modifications (including painting, wall and/or floor

coverings) to the existing buildings on the Leased Premises without first obtaining (i) Authority’s

express written consent; and (ii) charlotte County permit(s), as required.] With written approval

of Authority, Lessee has the right at its own expense to construct improvements to the Leased

Premises, all in compliance with the provisions of this Agreement. In such event, the use thereof


shall be enjoyed by Lessee during the term hereof without additional rental therefore, but such

additions, alterations or improvements shall become the property of Authority and will remain at

the Leased Premises at the termination of this Agreement without compensation or payment to

Lessee. All personal property of Lessee which can be removed by Lessee without material

damage to the Leased Premises shall remain the personal property of Lessee and may be

removed by Lessee at any time during and at the end of the Lease Term. Lessee shall, in

removing any such property, repair all damage to the Leased Premises caused by such removal.

All improvements to exterior of the Leased Premises shall comply with 14 CFR Part 77 and all

other applicable local, state or federal requirements.

B. Repairs. It is the responsibility of Lessee to report any damage, necessary repairs or maintenance to the Leased Premises to Authority immediately. Lessee shall be liable for any

and all damage to the Leased Premises caused by Lessee’s use, including, but not limited to, bent

or broken interior walls, damage due to fuel spillage, or damage to doors due to Lessee’s

improper or negligent operation. When damage is due to the fault of the Lessee, Lessee shall

reimburse Authority for the cost of necessary repairs.

C. Compliance with Fire Codes. Lessee agrees that construction of any improvements to the Leased Premises shall be in accordance with the Charlotte County Fire

Codes. Lessee further agrees to be responsible for the custody of one (1) twenty (20) pound

ABC fire extinguisher assigned to the Leased Premises. Lessee is responsible for the fire

extinguisher assigned to the Leased Premises. If the fire extinguisher is misplaced or lost it is the

Lessee’s responsibility to pay for a replacement. There shall be no impairment to the access of

the fire extinguisher.

Section 2.7 Access. Authority agrees that if Lessee is not in breach of this Agreement, Lessee and Lessee’s employees, officers, directors, sublessees (that are approved by Authority

pursuant to this Agreement), contractors, subcontractors, suppliers, agents, invitees, and other

representatives (“Lessee’s Associates”) are authorized to ingress and egress across the common

areas of the Airport (in the areas designated by Authority, for the purposes for which they were

designed, and as permitted by applicable Laws and Regulations as defined in Section 3.4) on a

non-exclusive basis and to the extent reasonably necessary for Lessee’s use, occupancy, and

operations at the Leased Premises. Lessee agrees to comply with the Charlotte County Airport

Ground Vehicle Driver Training Program (“Driver Training Program”). Lessee further agrees to

ensure that Lessee’s Associates shall comply with the Driver Training Program. During special

events at the Airport, Lessee acknowledges that the standard operation procedure at the Airport

may be altered such that egress and ingress to the Leased Premises may be altered by Authority.

Authority will notify Lessee in writing of any special events or closures that will impede

Lessee’s use of the Leased Premises. Lessee’s failure to comply with the altered procedure is a

default of this Agreement, and Authority may proceed to terminate this Agreement.

Section 2.8 Use of Leased Premises and Compliance with all Laws and Regulations. Lessee shall use the Leased Premises only for aeronautical purposes, and Lessee and Lessee’s

Associates shall comply at all times, at Lessee’s sole cost, with any and all laws and regulations

(as amended or otherwise modified from time to time) that are applicable to Lessee’s

construction of any improvements and the use, occupancy, or operations at the Leased Premises

or the Airport (the “Laws and Regulations”), which include, but are not limited to, all laws,


statutes, ordinances, regulations, rules, orders, writs, judgments, decrees, injunctions, directives,

rulings, guidelines, standards, codes, policies, common law, and other pronouncements of any

kind having the effect of law that may be applicable at any time during the term of this

Agreement including, but not limited to, the Airport Rules and Regulations, Minimum Standards,

master plans and zoning codes, and all Laws and Regulations pertaining to the environment (the

“Environmental Laws”); any and all plans and programs developed in compliance with such

requirements (including, but not limited to, any Airport Security Plan); and all lawful,

reasonable, and nondiscriminatory Airport policies and other requirements. Lessee shall provide

all required notices under the Laws and Regulations. Upon a written request by Authority,

Lessee will verify, within a reasonable time frame, compliance with any Laws and Regulations.

Section 2.9 No Unauthorized Use. Lessee and Lessee’s Associates shall use the Leased Premises and the Airport only for purposes that are expressly authorized by this

Agreement and shall not engage in any unauthorized use of the same. Unauthorized uses

include, but are not limited to, damaging, interfering with, or altering any improvement;

restricting access on any road or other area that Lessee does not lease; placing waste materials on

the Airport or disposing of such materials in violation of any Laws and Regulations; any use that

would constitute a public or private nuisance or a disturbance or annoyance to other Airport

users; driving a motor vehicle in a prohibited Airport location; the use of automobile parking

areas in a manner not authorized by Authority; any use that would interfere with any operation at

the Airport or decrease the Airport’s effectiveness (as determined by Authority in its sole

discretion); and any use that would be prohibited by or would impair coverage under either

Party’s insurance policies or would cause an increase in the existing rate of insurance upon the

Leased Premise.

Section 2.10 Permits and Licenses. Lessee shall obtain and maintain in current status all permits and licenses that are required under any Laws and Regulations in connection with

Lessee’s construction of any improvements and the use, occupancy, or operations at the Leased

Premises or the Airport. In the event that Lessee receives notice from any governmental entity

that Lessee lacks, or is in violation of, any such permit or license, Lessee shall provide Authority

with timely written notice of the same.

Section 2.11 Payment of Taxes. Lessee shall pay (before their respective due dates) all taxes, fees, assessments, and levies that relate to Lessee’s use, occupancy, or operations at the

Leased Premises or the Airport and all other obligations for which a lien may be created relating

thereto (including, but not limited to, utility charges and work for any improvements). Lessee

shall be responsible for any and all taxes generated by the Charlotte County Property Appraiser

and Tax Collector and will set up quarterly payments with the Charlotte County Tax Collector.

Section 2.12 No Liens. No liens may be placed upon the Leased Premises. Within thirty (30) days, Lessee shall pay all lawful claims made against Authority and discharge all liens

filed or which exist against the Leased Premises or any other portion of the Airport (other than

Lessee’s trade fixtures or trade equipment) to the extent such claims arise out of or in connection

with, whether directly or indirectly, the failure to make payment for work done or materials

provided by Lessee its contractors, subcontractors or materialmen. However, Lessee shall have

the right to contest the amount or validity of any such claim or lien without being in default

under this Agreement upon furnishing security in form acceptable to Authority, in an amount


equal to one hundred percent (100%) of such claim or lien, which insures that such claim or lien

will be properly and fully discharged forthwith in the event that such contest is finally

determined against Lessee or Authority. Authority shall give timely notice to Lessee of all such

claims and liens of which it becomes aware. When contracting for any work in connection with

the Leased Premises, Lessee shall include in such contract a provision prohibiting the contractor

or any subcontractor or supplier from filing a lien or asserting a claim against Authority’s real

property or any interest therein. Lessee is solely responsible for ensuring that all requirements

are met such that such lien waivers are effective and enforceable (such as filing such contracts, if

necessary). Furthermore, when completed, the improvements on the Leased Premises shall be

free from all construction liens.

ARTICLE III

OCCUPANCY, USE AND CONDITIONS OF LEASED PREMISES

Section 3.1 Condition of Leased Premises. Lessee accepts the Leased Premises in their present “as is” condition. Lessee acknowledges and agrees that Authority makes no

representation or warranty as to the condition of the Leased Premises, whether as to patent, latent

or other defects and general condition. Authority has no obligation to repair or replace the

Leased Premises or any component or part thereof, whether or not affixed to the building.

Lessee releases Authority and holds it and its officers, directors, employees and agents harmless

for any claims arising out of any condition of the Leased Premises. Lessee agrees that the

Leased Premises are now in a tenantable and good condition. Lessee shall take good care of the

Leased Premises and they shall not be altered, repaired or changed without the written consent of

Authority. Lessee shall, at its expense, when surrendering said Leased Premises, remove from

said Leased Premises and said building, all partitions, counters, railing, etc., installed in Leased

Premises by said Lessee. All damage or injury done to the Leased Premises by Lessee, shall be

paid for by Lessee. Lessee shall, at the termination of this Agreement, surrender the Leased

Premises to Authority in tenantable and good condition.

Section 3.2 Construction of Improvements.

A. Improvements to Existing Buildings and New Improvements. Lessee shall not make any structural, electrical, or other modifications (including painting, wall and/or floor

coverings) to the existing buildings on the Leased Premises without first obtaining (i) Authority’s

express written consent; and (ii) Charlotte County permit(s), as required.] With written approval

of Authority, Lessee has the right at its own expense to construct improvements to the Leased

Premises, all in compliance with the provisions of this Agreement. In such event, the use thereof

shall be enjoyed by Lessee during the term hereof without additional rental therefore, but such

additions, alterations or improvements shall become the property of Authority and will remain at

the Leased Premises at the termination of this Agreement without compensation or payment to

Lessee. All personal property of Lessee which can be removed by Lessee without material

damage to the Leased Premises shall remain the personal property of Lessee and may be

removed by Lessee at any time during and at the end of the Lease Term. Lessee shall, in

removing any such property, repair all damage to the Leased Premises caused by such removal.

All improvements to exterior of the Leased Premises shall comply with 14 CFR Part 77 and all

other applicable local, state or federal requirements.


B. Repairs. It is the responsibility of Lessee to report any damage, necessary repairs or maintenance to the Leased Premises to Authority immediately. Lessee shall be liable for any

and all damage to the Leased Premises caused by Lessee’s use, including, but not limited to, bent

or broken interior walls, damage due to fuel spillage, or damage to doors due to Lessee’s

improper or negligent operation. When damage is due to the fault of the Lessee, Lessee shall

reimburse Authority for the cost of necessary repairs.

C. Compliance with Fire Codes. Lessee agrees that construction of any improvements to the Leased Premises shall be in accordance with the Charlotte County Fire

Codes. Lessee further agrees to be responsible for the custody of one (1) twenty (20) pound

ABC fire extinguisher assigned to the Leased Premises. Lessee is responsible for the fire

extinguisher assigned to the Leased Premises. If the fire extinguisher is misplaced or lost it is the

Lessee’s responsibility to pay for a replacement. There shall be no impairment to the access of

the fire extinguisher.

Section 3.3 Access. Authority agrees that if Lessee is not in breach of this Agreement, Lessee and Lessee’s employees, officers, directors, sublessees (that are approved by Authority

pursuant to this Agreement), contractors, subcontractors, suppliers, agents, invitees, and other

representatives (“Lessee’s Associates”) are authorized to ingress and egress across the common

areas of the Airport (in the areas designated by Authority, for the purposes for which they were

designed, and as permitted by applicable Laws and Regulations as defined in Section 3.4) on a

non-exclusive basis and to the extent reasonably necessary for Lessee’s use, occupancy, and

operations at the Leased Premises. Lessee agrees to comply with the Charlotte County Airport

Ground Vehicle Driver Training Program (“Driver Training Program”). Lessee further agrees to

ensure that Lessee’s Associates shall comply with the Driver Training Program. During special

events at the Airport, Lessee acknowledges that the standard operation procedure at the Airport

may be altered such that egress and ingress to the Leased Premises may be altered by Authority.

Authority will notify Lessee in writing of any special events or closures that will impede

Lessee’s use of the Leased Premises. Lessee’s failure to comply with the altered procedure is a

default of this Agreement, and Authority may proceed to terminate this Agreement.

Section 3.4 Use of Leased Premises and Compliance with all Laws and Regulations. Lessee shall use the Leased Premises only for Flight School and Aircraft Storage and Lessee

and Lessee’s Associates shall comply at all times, at Lessee’s sole cost, with any and all laws

and regulations (as amended or otherwise modified from time to time) that are applicable to


Premises or the Airport (the “Laws and Regulations”), which include, but are not limited to, all

laws, statutes, ordinances, regulations, rules, orders, writs, judgments, decrees, injunctions,

directives, rulings, guidelines, standards, codes, policies, common law, and other

pronouncements of any kind having the effect of law that may be applicable at any time during

the term of this Agreement including, but not limited to, the Airport Rules and Regulations,

Minimum Standards, master plans and zoning codes, and all Laws and Regulations pertaining to

the environment (the “Environmental Laws”); any and all plans and programs developed in

compliance with such requirements (including, but not limited to, any Airport Security Plan);

and all lawful, reasonable, and nondiscriminatory Airport policies and other requirements.

Lessee shall provide all required notices under the Laws and Regulations. Upon a written


request by Authority, Lessee will verify, within a reasonable time frame, compliance with any

Laws and Regulations.

Section 3.5 No Unauthorized Use. Lessee and Lessee’s Associates shall use the Leased Premises and the Airport only for purposes that are expressly authorized by this

Agreement and shall not engage in any unauthorized use of the same. Unauthorized uses

include, but are not limited to, damaging, interfering with, or altering any improvement;

restricting access on any road or other area that Lessee does not lease; placing waste materials on

the Airport or disposing of such materials in violation of any Laws and Regulations; any use that

would constitute a public or private nuisance or a disturbance or annoyance to other Airport

users; driving a motor vehicle in a prohibited Airport location; the use of automobile parking

areas in a manner not authorized by Authority; any use that would interfere with any operation at

the Airport or decrease the Airport’s effectiveness (as determined by Authority in its sole

discretion); and any use that would be prohibited by or would impair coverage under either

Party’s insurance policies or would cause an increase in the existing rate of insurance upon the

Leased Premise.

Section 3.6 Permits and Licenses. Lessee shall obtain and maintain in current status all permits and licenses that are required under any Laws and Regulations in connection with


Premises or the Airport. In the event that Lessee receives notice from any governmental entity

that Lessee lacks, or is in violation of, any such permit or license, Lessee shall provide Authority

with timely written notice of the same.

Section 3.7 Payment of Taxes. Lessee shall pay (before their respective due dates) all taxes, fees, assessments, and levies that relate to Lessee’s use, occupancy, or operations at the

Leased Premises or the Airport and all other obligations for which a lien may be created relating

thereto (including, but not limited to, utility charges and work for any improvements). Lessee

shall be responsible for any and all taxes generated by the Charlotte County Property Appraiser

and Tax Collector and will set up quarterly payments with the Charlotte County Tax Collector.

Section 3.8 No Liens. No liens may be placed upon the Leased Premises. Within thirty (30) days, Lessee shall pay all lawful claims made against Authority and discharge all liens

filed or which exist against the Leased Premises or any other portion of the Airport (other than

Lessee’s trade fixtures or trade equipment) to the extent such claims arise out of or in connection

with, whether directly or indirectly, the failure to make payment for work done or materials

provided by Lessee its contractors, subcontractors or materialmen. However, Lessee shall have

the right to contest the amount or validity of any such claim or lien without being in default

under this Agreement upon furnishing security in form acceptable to Authority, in an amount

equal to one hundred percent (100%) of such claim or lien, which insures that such claim or lien

will be properly and fully discharged forthwith in the event that such contest is finally

determined against Lessee or Authority. Authority shall give timely notice to Lessee of all such

claims and liens of which it becomes aware. When contracting for any work in connection with

the Leased Premises, Lessee shall include in such contract a provision prohibiting the contractor

or any subcontractor or supplier from filing a lien or asserting a claim against Authority’s real

property or any interest therein. Lessee i

Charlotte County Airport Authority...2019/10/17 · CCAA Minutes of Regular Meeting 2 September 19,...

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